Problems of Forensic Sciences 2007 Vol. 72 (LXXII) 404-415
PENAL, CIVIL AND CORPORATE LAW ASPECTS OF THE RESPONSIBILITY OF A MEDICAL DOCTOR
Elżbieta SKUPIEŃ1, Filip BOLECHAŁA2
1Institute of Forensic Research, Krakow, Poland
2Chair and Department of Forensic Medicine, Collegium Medicum of Jagiellonian University, Krakow, Poland
Streszczenie
Issues related to medico-legal expert opining in cases where it is necessary to assess physicians’ work are discussed in the present work. Difficulties in expert opining stemming from the way medical documentation has been run or from unclear interpretation of formulations in the Penal Code have been presented, illustrated with specific examples of expert reports which have been drawn up during past two years. Differences in the manner of analysis of evidence material and formulation of conclusions depending on whether the expert opinion concerns a penal or a civil case, or if it is drawn up for the Chamber of Physicians and Dentists in relation to professional responsibility have been emphasised. Attention is also drawn to how attacking medical doctors in the media is reflected in the kinds of cases submitted to courts and the content of decisions (requests) submitted to forensic experts.
Słowa kluczowe
Medico-legal expert opining; Forensic expert; Malpractice; Attestation of an untruth.